Conclusiveness of Statements. Determinations and statements of any Lender or the Administrative Agent pursuant to Section 8.1, 8.2, 8.3 or 8.4 shall be conclusive absent demonstrable error. Lenders may use reasonable averaging and attribution methods in determining compensation under Sections 8.1 and 8.4.
Conclusiveness of Statements. Any Lender requesting compensation under Section 8.1 shall be required to deliver a certificate to the Company that (A) sets forth any amount or amounts that such Lender is entitled to receive pursuant to this Section, the basis therefor and, in reasonable detail, the manner in which such amount or amounts were determined and (B) certifies that such Lender is generally charging the relevant amounts to similarly situated borrowers, which certificate shall be conclusive absent manifest error.
Conclusiveness of Statements. Determinations and statements of Lender pursuant to this Section 2.4 shall be conclusive absent demonstrable error.
Conclusiveness of Statements. Survival of Prov isions.Determinations and statements of any Bank pursuant to sections
Conclusiveness of Statements. Survival of Provisions. Determinations and statements of any Bank pursuant to Section 8.1, 8.2, 8.3 or 8.4 shall be conclusive absent demonstrable error. Banks may use reasonable averaging and attribution methods in determining compensation under Sections 8.1 and 8.4, and the provisions of such Sections shall survive repayment of the Loans, cancellation of the Notes and termination of this Agreement.
Conclusiveness of Statements. A certificate of Lender setting forth in reasonable detail the calculation of the amount or amounts necessary to compensate such Lender or any corporation controlling Lender, as the case may be, as specified in Section 3.08, 3.09, 3.10 and 3.11 shall be delivered to the Borrower and shall be conclusive absent manifest error.
Conclusiveness of Statements. Survival of Provisions. Determinations and statements of any Bank pursuant to sections 2.7, 2.8, 2.10 and 2.12 shall be rebuttably presumptive evidence of the correctness of the determinations and statements and shall be conclusive absent manifest error. The provisions of section 2.8, 2.10 and 2.12 shall survive the obligation of the Banks to extend credit under this Agreement and the repayment of the loans.
Conclusiveness of Statements. WHV shall keep all of WHV's books and records directly relating to the Agreement in accordance with accepted accounting principles. Grantor may, at WHV's offices and for and during reasonable times within the regular course of business activities, but not more than once per calendar year, have a certified public accountant inspect and make copies of any such books and records not previously inspected, all at Grantor's sole expense. Each such inspection shall be completed within thirty (30) consecutive days. Each statement rendered shall be deemed conclusive unless Grantor shall object in writing to WHV within 18 months after receipt thereof and shall state in detail in such writing the basis for the objection. Grantor shall be barred from bringing any legal proceeding on the subject matter of such objections later than twelve (12) months after making such objections. If any figures on a statement re-appear on, or are included in cumulative amounts on, any later statement, the later statement shall be disregarded in computing Grantor's time to object or bring such legal proceedings. Exhibit "B" ----------- DELIVERY REQUIREMENTS --------------------- IT IS CONTEMPLATED AS OF THE DATE OF THIS AGREEMENT THAT GRANTOR SHALL DELIVER THE PICTURES IN THE DIGITAL BETACAM FORMAT. GRANTOR SHALL, AT GRANTOR'S COST, DELIVER THE ELEMENTS FOR THE PICTURE(S) LISTED IN ITEMS 1 AND 2, BELOW, AS APPLICABLE, TO THE FOLLOWING ADDRESS OR TO ANY SUCH OTHER ADDRESS AS WHV MAY INDICATE: Warner Bros. Acquisitions Department 0000 Xxxxxx Xxxx. Xxxx. 000, Xxxx 000 Xxxxxxx, XX 00000 Grantor shall, at Grantor's cost, deliver the materials and documents for the Picture(s) listed in items 3 and 4, below, to the following address, or to any such other address as WHV may indicate: Warner Home Video Business and Legal Affairs 0000 Xxxxxx Xxxx. Xxxx. 000, Xxxx 0000 Xxxxxxx, XX 00000 ATTN: Director of Legal Administration
Conclusiveness of Statements. Survival of Provisions. Determinations and statements of any Lender pursuant to Sections 7.1 through Section 7.5 shall be conclusive absent manifest error. The provisions of Sections 7.1 through Section 7.5 shall survive termination of this Agreement until the expiration of all statutes of limitation applicable thereto.
Conclusiveness of Statements. Producer shall keep all of its books and records directly relating to this exhibit in accordance with accepted accounting principles. Participant may, at Producer's offices and for a reasonable time within regular business hours, but not more than once per calendar year, have a certified public accountant inspect and make copies of any such books and records not previously inspected, all at Participant's expense. Each inspection shall be completed within 30 consecutive days. Producer's method of treating an amount referred to in this exhibit for Producer's tax of financial purposes will have no bearing on the computation of Defined Proceeds. Each statement hereunder shall be deemed conclusive unless Participant shall object thereto to Producer in writing within 12 months after receipt thereof and shall state in detail in such writing the basis for the objection. Participant shall be barred from bringing any legal proceeding on the subject matter of such objections later than 6 months after making such objections.
